When Does Drug Testing Violate the California Labor Law?

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Lawyersandsettlements.com; October 7, 2013

Torrance, CA: Colin was given a drug test prior to being hired as a computer technician. Generally, California labor law allows employers to test applicants for drugs. But Colin was terminated two months after he was hired, with the excuse that he tested positive for pot.

California labor employment law allows an employer to test a prospective employee after a job offer is tendered but before the employee goes on the payroll. But how long after an employee is hired, can they legally be fired?

Colin (not his real name) thinks his employer is using the drug test to legitimize Colin’s termination. Otherwise, Colin could have grounds for a California wrongful termination. According to the drug test, Colin admits that he shouldn’t have been hired in the first place.

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